Title 16* ENVIRONMENT
Chapter 16.04 ENVIRONMENTAL POLICY*
16.04.130 Use of exemptions.
A. Each department that receives an application or, in the
case of governmental proposals, the department initiating the proposal, shall
determine whether the proposal is exempt. The department’s determination
that a proposal is exempt shall be final and not subject to administrative
review. The Town will normally identify whether an action is categorically
exempt within ten working days of the date of submission of a complete
application and checklist. If a proposal is exempt, the procedural requirements
of this chapter shall not apply to the proposal. The Town shall not require
completion of an environmental checklist for an exempt proposal.
B. In determining whether a proposal is exempt, the
department shall make certain the proposal is properly and fully defined and
shall identify all governmental approvals required (WAC 197-11-060 ). If a
proposal includes exempt and nonexempt actions, the department shall determine
the lead agency for the nonexempt action, even if the application that triggers
the department’s consideration is exempt.
C. For proposals that include both exempt and nonexempt
actions, the Town may authorize initiation of the exempt action prior to
compliance of the nonexempt action with this chapter, except in the following
cases:
1. The Town shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have a probable significant
adverse environmental impact; or
c. Any action that would limit the choice of alternatives
under environmental review.
2. A department may withhold approval of an exempt action
that would lead to modification of the physical environment, when such
modification would serve no purpose if the associated nonexempt action(s) were
not approved.
3. A department may withhold approval of exempt actions
that would lead to substantial financial expenditures by an applicant when the
expenditures would serve no purpose if the associated nonexempt action(s) were
not approved. (Ord. 01-412 §1 (Exh. 1 (part)), 2001)